Statutory Instrument 1988 No. 1112

The Trade Marks and Service Marks (Amendment) Rules 1988

---

© Crown Copyright 1988

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Trade Marks and Service Marks (Amendment) Rules 1988, ISBN 011087112X. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

1988 No. 1112

TRADE MARKS

The Trade Marks and Service Marks (Amendment) Rules 1988

Whereas in pursuance of the requirements of section 40(3) of the Trade Marks Act 1938^[1] the Secretary of State has, before making the following Rules under that Act, published notice of his intention to make such Rules and of the place where copies of the draft Rules might be obtained by advertising such notice in the Trade Marks Journal on 1st June 1988 and 8th June 1988 and the Official Journal (Patents) on 2nd June 1988 and 8th June 1988, being the manner which he considered most expedient so as to enable persons affected to make representations to him before the Rules were finally settled:

Now, therefore, the Secretary of State, in exercise of the powers conferred by section 40 of the Trade Marks Act 1938 and now vested in him^[2] and after consultation with the Council on Tribunals pursuant to section 10(1) of the Tribunals and Inquiries Act 1971^[3] hereby makes the following Rules:—

    1.    These Rules may be cited as the Trade Marks and Service Marks (Amendment) Rules 1988 and shall come into force on 1st August 1988.

    2.—(1)  For Rules 64 and 65 of the Trade Marks and Service Marks Rules 1986^[4] there shall be substituted the following Rules:
    "64.—(1)  At any time not earlier than three months nor later than one month before the expiration of the last registration of a trade mark or a service mark the Registrar shall, in accordance with Rule 13(5) above, send to the registered proprietor notice of the approaching expiration.

    (2)  The said notice shall be in the form of form TM 11 but need not be a replica of that form.


    65.—(1)  Renewal of registration shall be effected upon the filing of either—
(a) the notice sent in accordance with Rule 64 above or an exact replica thereof, or

(b) form TM 11,

duly completed and accompanied by the prescribed renewal fee.

    (2)  If the said filing is effected on or before the date one month before the expiration of the last registration, it shall be treated as having been effected on the first day after that date."




    (2)  In Rule 66 of the said Rules, for the words "filing form TM 11" there shall be substituted the words "effecting the filing under Rule 65 above" .

    (3)  In paragraph (1) of Rule 67 of the said Rules there shall be inserted after the word "advertisement" the words "the notice or replica referred to in Rule 65(1)(a) above or" .

    (4)  Paragraph (2) of Rule 67 of the said Rules shall be left out.

    (5)  For form TM 11 set out in the Schedule to the Trade Marks and Service Marks (Forms) Rules 1986^[5] there shall be substituted the form set out in the Schedule to these Rules.

    3.—(1)  In Rule 16(f) of the Trade Marks and Service Marks Rules 1986, for the words "trade mark infringement" there shall be substituted the words "infringement of a trade mark or a service mark" .

    (2)  In Rule 59(3) of the said Rules, for the word "he" where it first appears there shall be substituted the words "the Registrar" .

John Butcher

Department of Trade and Industry

27th June 1988

[1] 1938 c. 22; the Act was applied, with modifications, to service marks by the Trade Marks (Amendment) Act 1984 (c. 19), section 1, as amended by the Patents, Designs and Marks Act 1986 (c. 39), section 2(1) and Schedule 3. back

[2] S.I. 1970/1537. back

[3] 1971 c. 62. back

[4] S.I. 1986/1319. back

[5] S.I. 1986/1367. back

Explanatory Note